[ MEMORANDUM ORDER NO. 45, January 09, 1999 ]

GUIDELINES ON MEMORANDUM ORDER NO. 225, SERIES OF 1989, REGARDING THE CONDUCT OF ANTI-SMUGGLING OPERATIONS



WHEREAS, for the economic recovery program to succeed, there should be a healthy business climate; and

WHEREAS, in order to attain this objective, in accordance with the principle of transparency and professionalizing the public service, there is a need for the apprehending agents to win the trust and confidence of the business community.

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by laws, do hereby direct:

1. All personnel of the Economic Intelligence and Investigation Bureau (EIIB), including all its operatives must wear their proper identification cards/tags within the office premises and during official operations;

2. They are required to adhere strictly to the existing rules enunciated under the Constitution, Rules of Court, and other statutes relative to the conduct of searches and seizures, save in those cases which do not need judicial warrants;

3. The Principle of Command Responsibility shall be strictly observed in the conduct of their operations;

4. All mission orders issued by the EIIB shall be submitted to the Office of the President within 48 hours after the issuance of the said orders;

5. A post-operation report including a complete inventory of all goods seized or detained, supported by photographs taken during the actual seizure/confiscation or detention of the said goods, shall be submitted immediately to the Office of the President, copy furnished the Secretary of Finance within 48 hours after the said operations; and

6. If goods are to be released, a post operation report should include the reasons for the release of said goods or if released to a Customs Bonded Warehouse, should cite the specific area where the goods were stored for safekeeping.

This Memorandum Order shall take effect immediately.

Adopted: 09 Jan. 1999

BY THE PRESIDENT:

(SGD.) RAMON B. CARDENAS
Acting Executive Secretary